Published on:

Establishing Damages in Front of a Florida Jury

money

If you or your loved one has been hurt by someone else’s negligence, we can help. When you are injured in an automobile accident in Florida, there may be a wide range of evidence that may be put before the jury. At the Law Offices of Robert Dixon, our Miami injury attorneys understand the nuances of personal injury trials and can put this knowledge to use in your case.

Negligence is a core concept in personal injury law. It forms the basis for most personal injury claims. Negligence requires showing that the defendant failed to use reasonable care and thereby caused the resulting harm or damage. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must be able to establish the following four elements:

  1. The defendant owed the plaintiff a duty of care;
  2. The defendant breached the duty of care to the plaintiff;
  3. The defendant’s breach was the direct cause of the accident and the resulting injuries; and
  4. The injuries or property damage can be reasonably quantified.

Once negligence is established, the plaintiff will be able to recover compensation. Under Florida law, the jury decides on two main issues:  liability and damages. Once the jury finds a defendant liable, it moves on to determine damages.

It is the plaintiff’s burden of proof to establish that certain types of damages will more likely than not be incurred. ‘This standard is also known as the preponderance of the evidence.

A plaintiff can establish his or her damages through the use of records like medical bills, time sheet reports, pay stubs, tax assessments, property damage assessments, and more. When an injured party seeks compensation for future medical expenses, only medical expenses that are reasonably certain to be incurred in the future are recoverable. These can be established through expert medical witnesses, but that is not required. A jury only requires competent evidence that future treatment is reasonably necessary, which can be established by a doctor writing in his notes that the plaintiff will more likely than not require future medical care and that the doctor’s opinion is within a reasonable degree of medical certainty.

In addition, there must be an evidentiary basis upon which the jury can, with reasonably certainty, calculate the amount of the future expenses. Simply a possibility that certain future treatments may be needed cannot be the basis of an award of future medical expenses.

If you have been injured by someone else’s negligence, it is vital to seek the help and guidance of a skilled Miami car accident attorney. At the Law Offices of Robert Dixon, we have helped many South Florida clients recover the compensation they deserve for their harm. With years of experience, you can trust that you are in good hands. To discuss your case in more detail, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online today.

More Blog Posts:

Spinal Cord Injuries in Florida, South Florida Injury Lawyer Blawg, May 19, 2016

Florida Restaurant Did Not Have Duty to Stop Drunk Driver from Getting Behind the Wheel, South Florida Injury Lawyer Blawg, May 19, 2016

Cyber-Bullying and Intentional Infliction of Emotional Distress (IIED), South Florida Injury Lawyer Blawg, May 19, 2016